Decided on October 16,2020

OM PRAKASH Appellant
STATE OF H. P. Respondents


Sureshwar Thakur, J. - (1.)Through, the extant writ petition, the writ petitioners, cast, a challenge, upon, Annexure P-5, annexure whereof embodies echoings, vis ?-vis, a show cause notice, becoming issued, upon, the Members, of, the Managing Committee, of, the Cooperative Society concerned, wherethrough, an, explanation, became elicited, from them, (a) vis ?-vis, whether there being any necessity for further statutory action(s), or, order(s), being made, against them, for, the breaches, as became unfolded, in the afore show cause notice. Also, through the impugned Annexure, the Assistant Registrar concerned, through exercising powers, conferred upon him, under Section 37(1-A), of the Himachal Pradesh Cooperative Societies Act, 1968, (hereinafter for the sake of brevity referred to as "the Act") proceeded, to, suspend the Managing Committee, and, also further ordered, hence for, ensuring smooth, and, efficient functioning, of, the Society, qua rather, the appointment, of, one Shri Hans Raj Sharma, Block Inspector Cooperative Societies, Kunihar, to, work, as, an Administrator, of, the Society, being, an, imperative necessity, rather, till the conclusion, of, the proceeding, qua wherewith, a, show cause notice, was issued, upon, the members, of, the Cooperative Society concerned.
(2.)Before this Court proceeds, to delve, into the merits of the case, it is deemed fit, to, seek the assistance, of, the learned counsels, appearing for, the contesting parties, vis ?-vis, the maintainability, of, the extant writ petition, before this Court, (a) conspicuously given, their undisputedly, occurring, a, statutory bestowment, upon, the writ petitioners, to, make, a challenge, upon, the impugned Annexure, through a revision, being preferred, thereagainst, before the revisional authorities concerned, (b) whereupon, hence the afore statutory remedy, working as an obstacle, qua the writ petitioners, to, invoke the extraordinary writ jurisdiction, of, this Court.
(3.)The learned counsel, for, the respondents placed, heavy reliance, upon, a judgment, rendered by the Hon'ble Apex Court, in case titled, Thansingh Nathmal and ors. versus The Superintendent of Taxes, Dhubri, 1964 AIR(SC) 1419. Moreover, the learned counsel for the respondents, also placed reliance, upon, judgments, rendered by the Hon'ble Apex Court, in case titled, Union of India and another vs. Kunisetty Satyanarayana, 2006 12 SCC 28, and, in case titled, Secretary, Ministry of Defence and others vs. Prabhash Chandra Mirdha, 2012 11 SCC 565, (i) wherein, trite expostulations of law, are, embodied, hence, barring the exercise, of, extraordinary writ jurisdictions, by, the High Court, upon, evident availabilities, of, befitting, alternative thereto, statutory remedies, vis ?-vis, the aggrieved, for, the, latter therethrough(s) making onslaught(s) qua the unwarranted action(s), or, qua the invalidly made, order(s), as the case may be, as become(s) rather taken or made, by the statutory authorities concerned. However, the existence of the afore bar, against, the exercise, of, writ jurisdiction, by, the High Court, is, yet with, an, exception, inasmuch as, (ii) qua upon evident exponentially exceptional case(s), the High Court proceeding, to, exercise, writ jurisdiction(s), dehors, availability, to, the aggrieved, to, recourse the prescribed alternative statutory remedy(ies), for, his/her/it, therethrough, impugning the, unwarranted acts, or, void ab initio, order(s), as become, taken or made, hence by the statutory authority(ies) concerned. The further exception thereto, is obviously, upon, failure, of, the statutory authority(ies) concerned, to, adopt the mandated procedural course(s), or statutory streams, or upon, their failure to, exercise the jurisdiction(s), vested upon them, under the relevant statute, (iii) thereupon, the writ court, becoming, validly empowered to issue, a, writ of, mandamus, upon, the derelict or indolent, statutory authority concerned, for, its proceeding(s), to, act or perform, its, statutory obligations or duties, as become, statutorily encumbered, upon him, or it.

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